AIR 2014 MADRAS 43 ::(2014) 138 AllIndCas 449 (MAD) ::2014 (1) Mad LW 211

Madras High Court

Hon'ble Judge(s): S. Manikumar , J

Stamp Act (2 of 1899) , S.5, Sch.1, Art.23, Art.55A— Hindu Succession Act (30 of 1956) , S.8— Release deed - Chargeability - Father dying intestate leaving behind wife, sons and daughters - They would inherit his property as Class I heirs - However grandsons when their father is alive would not inherit property as per S. 8 and would not have pre-existing right over property - Release deed by mother, son, daughter and grandson in favour of another son would be treated as conveyance and chargeable to stamp duty as per S. 5 of Act. Where the husband of the appellant had purchased the subject property from its original owner by virtue of registered sale deed and husband died intestate leaving behind wife (appellant), sons and daughter as Class I heirs, then the wife, sons and daughter would inherit the property as Class I heirs in terms of Hindu Succession Act. However since the parties do not belong to HUF the grandsons, when their father is alive would have no pre-existing right over property. Therefore the release deed by appellant along with her sons, daughters and grandson in favour of another son was rightly treated as conveyance under Art. 23 of Schedule. 2012 AIR CC 2728 (Mad) and 2010 Writ LR 917, Disting. AIR 1968 Mad 159 (FB) and AIR 1986 SC 1753, Rel. on.(Para 22) .....